Attorney General v Paperlink Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1984
• Date: 01 January 1984

(H.C.)

Attorney General

and

Paperlink Ltd

Monopoly - Statutory monopoly in respect of the conveying of "letters" -Private courier service - Minister seeking an injunction - Whether defendant's trading in breach of the monopoly - Meaning of "letters" -Whether relevant provisions unconstitutional -Post Office Act, 1908 (c. 48), s. 34. Attorney General - Company operating in breach of a statutory monopoly - Attorney General, acting as guardian of public rights, seeking an injunction - Whether proceedings misconceived. Constitution - Statutory monopoly in respect of the conveying of "letters" - Whether violative of personal and property rights - Right to communicate - Right to earn a livelihood - Whether such a right a personal or a property right -Whether infringed - Interpretation - Purposive or literal approach - Whether court precluded from considering the principles of social policy -Onus of proof - Constitution of Ireland, 1937, Arts. 38, 40.3.1, 40.3.2, 45.3.1 - Post Office Act, 1908. Evidence - Challenge to the constitutionality of legislation conferring statutory monopoly on Post Office - Evidence as to the alleged inefficiency in the administration of the postal service - Whether admissible.

The Post Office Act, 1908, s. 34(2), as amended by the Ministers and Secretaries Act, 1924, gives the Minister for Posts...